ANÁLISIS Y DETERMINACIÓN DE LA PARTICIPACIÓN DEL SUJETO ACTIVO EN EL DELITO DE PECULADO ESTABLECIDO EN EL PRIMER INCISO DEL ARTÍCULO 278 DEL CÓDIGO ORGÁNICO INTEGRAL PENAL.

Abstract

This research work is a bibliographic review of the elements that make up the crime of embezzlement with special emphasis on the active subject to whom the Ecuadorian legislation gives a special qualification. Both normative, doctrinal and jurisprudential, an extensive debate has been developed on this crime and its characteristics have left many times in impunity due to the difficulty in demonstrating the subjective elements of this crime. In this research we have developed the theoretical guidelines on the crime of embezzlement in order to establish a partial reform to Art. 278 of the Organic Integral Penal Code so that the main decision makers of public institutions including political dignitaries can respond criminally for their actions and avoid leaving this crime in impunity. In the present research, the objectives will be achieved through a bibliographic review of the historical doctrine that will establish the main concepts of the crime of embezzlement through qualitative research. The present research aims to reform Article 278 of the COIP to prevent people who are in a higher position and are not in charge of public funds, but have decision-making power, from remaining unpunished